EVERHOME PROPERTIES PVT. LTD. Vs. ADITYA DEVELOPERS

JUDGEMENT

(1.) This Appeal from Order was mentioned before me on 15/10/2025, on that date order dtd. 26/9/2025 passed by the Supreme Court was brought to my notice and it was urged that within 30 days from the date of pointing out that order, the Appeal from Order should be heard and decided by this Court preferably as stated in the Supreme Court Order. On 15/10/2025 by consent of both parties (their Advocates), the Appeal from Order was listed for directions on 3/11/2025 since the Court was closed on account of Diwali Vacation from 18/10/2025 to 2/11/2025. On 3/11/2025, the Appeal from Order was fixed for hearing on 6/11/2025. It was heard on 6/11/2025, 12/11/2025 and 13/11/2025. On all 3 days of hearing of Appeal from Order, it was argued and adjourned at the request of the learned Senior Advocates appearing for parties to accommodate them. Hearing was finally concluded on 13/11/2025. Both the parties were heard at length and Appeal from Order was closed for passing of order / judgement and posted on 17/11/2025 i.e. today. This judgement is pronounced in open Court.

(2.) Heard Mr. Samdani, learned Senior Advocate for Appellant and Mr. Joshi, learned Senior Advocate for Respondents.

(3.) Appeal from Order impugns common order dtd. 3/6/2025 passed by 4th Joint Civil Judge (Senior Division), Vasai whereby Plaintiff's Application below 'Exhibit 5' in Special Civil Suit No.9 of 2025 came to be rejected and Defendant's Application below 'Exhibit 22E' seeking permission to deposit Rs.11.00 crores in the Court came to be allowed. Parties are referred to as Plaintiff (Appellant) and Defendants (Respondents) for convenience. Respondent Nos.2 to 7 are Business Partners of Respondent No.1 Company and shall be referred to as Defendants together.